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Supreme Court of Zambia - 2004 February

4 judgments
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4 judgments
February 2004
Betty Kalunga (Administrator) v Konkola Copper Mines PLC (SCZ 5 of 2004) [2004] ZMSC 108 (9 February 2004)
Court reversed last-opportunity apportionment, holding employer 75% liable and awarding adjusted damages to dependants and estate.
  • Employer liability — breach of statutory duty equates to negligence; apportionment of fault in workplace deaths; "last opportunity" rule not decisive; assessment of damages under Fatal Accidents Act and Law Reform Act; remittal for distribution to dependants.
9 February 2004
Investrust Merchant Bank Ltd and Anor v Yousuf (SCZ 4 of 2004) [2004] ZMSC 107 (9 February 2004)
A contractual mortgagee’s power of sale (excluding Section 20) can be exercised without Order 30 Rule 14; bona fide purchaser protected.
  • Conveyancing — mortgagee’s contractual power of sale excluding Section 20 — Order 30 Rule 14 not mandatory; Bona fide purchaser — protection where purchaser not concerned to enquire into propriety of sale; Sale under mortgage — interference only where collusion, corruption or price so low as to evince fraud; Civil procedure — joinder of caveator under Order 15 of Supreme Court Rules.
9 February 2004
Clement Chilufya Kangwa v Kamanga (Appeal 58 of 2002) [2004] ZMSC 13 (4 February 2004)
Appeal allowed and retrial ordered because purported agreed facts were not genuinely agreed, necessitating evidence on who employed the respondents.
  • Employment law — redundancy payments — validity of trial on agreed facts — when Amended Statement of Agreed Facts is not truly agreed — necessity for viva voce evidence on identity of employer(s) — retrial ordered.
4 February 2004
Burak Investments Ltd and Ors v Banda (SCZ 3 of 2004) [2004] ZMSC 102 (3 February 2004)
Appellants liable for negligent overtaking; a release without consideration did not bar the respondent's damages claim.
  • Road traffic law — negligent overtaking; duty to ensure overtaking is safe — Accord and satisfaction — release without valuable consideration ineffective — Civil procedure — adverse inference where defendants decline to give evidence.
3 February 2004